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HomeMy WebLinkAboutJANUARY 4,1983 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 25: 0643 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JANUARY 4, 1983 I The City Council of the City of Arcadia and the Arcadia Redevelopment Agency met in a regular session Tuesday, January 4, 1983 at 7:30 p.m. in the City Hall Council Chambers. INVOCATION: Dr. James W. Hage1ganz, Arcadia Presbyterian Church PLEDGE OF ALLEGIANCE ROLL CALL HEARING CABLE TV FebruaJ 15 CABLE TV GROUP W Default Notice 0 f $ U q~ J ROLL CALL Arthur Hershey, Los Angeles Turf Club PRESENT: Councilmen/Members Dring, Haltom, Hannah, Lojeski ABSENT: Mayor Pellegrino On MOTION by Councilman Dring, seconded by Councilman Hannah and carried, Mayor Pellegrino was excused. Mayor Pro Tempore Lojeski'chaired the meeting. .4- CONTINUED from December p",(Hear..ing_CLOSED.) t Staff submi tted a report on its meeting .with representatives of Group Wand the San Gabriel Valley Amateur Radio Club to discuss possible precautions which could be taken to reduce interference from CATV systems to the amateur radio frequencies. In addition to these measures, staff has prepared amendments to the Draft Franchise Ordinance with Group W. It was recommended that this matter be continued to February 15 permitting review by the CATV consultant and the legal consultant. Counci.lman Hannah asked for background material on both gentlemen: Ron Ryas and William Marticorena. Council entered a CLOSED.SESSION, RECONVENED. It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried that Item 2 (game machines) on the agenda be considered following the Audience Participation item. Councilman Dring then MOVED to direct the City Manager to file a Notice of Default Letter to Group' W tomorrow (Wednesday, January 5, 1983), based on inadequate service. MOTION seconded by Councilman Haltom and carried on roll call vote as fo1fows: AYES NOES ABSENT: Councilmen Drin9, Haltom, Hannah, Lojeski None ~c,yor Pe 11 egri no Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Dring, Haltom, Hannah, Lojeski ABSENT: Member Pellegrino It was MOVED by Member Dring, seconded by Member Hannah and carried that Member Pellegrino be excused. FISCAL REPORT The Agency received the Annual Report to the State regarding the fiscal TO BE FILED year 1981~82 activities of the Agency. It was MOVED by Member Dring, WITH THE STATE seconded by Member Hannah and carried on roll call vote as follows that y l1,q1i;''\ -1- 1-4-83 GAME MACHINES AND ARCADES CONTINUED TO JANUARY 18 / 25:0644 staff file the report with the State: AYES NOES ABSENT: Members Dring, Haltom, Hannah, Lojeski None Member Pellegrino The Agency ADJOURNED to 7 p.m. January 18, 1983. AUDIENCE PARTICIPATION Ron Rosen, of Rosie's Ice Cream Parlor at 231 E. Foothill Blvd., was advised by staff that the ordinance regulating game machines and arcades would allow Mr. Rosen to continue as the business is presently operated, unless he desired to add another machine, in which case he would have to . obtain a conditional use permit. Mr. Rosen also referred to the difficult he has in obtaining persons over 21 years of age to work in his establish- ment; that thus far he has not had any other problems ... that his worker all act in an adult manner. In response to a comment that the PTA is con- cerned about the hours of operation and supervision, Mr. Rosen said in part that he has not been aware of any truancy and he would welcome parents to bring their concerns to him and he would endeavor to eliminate them. He wl11 be informed as to the contents of the final ordinance when adopted. Herb Fletcher, 175 W. Lemon Ave., referred to the revenue the City will be receiving from the race track by participating in the parimutuel which appears to be a rousing'success .... He suggested that the City seriously consider putting this money into a reserve fund and use it only to replace other revenue which may drop off. Also, Council might consfder sharing the funds with the residents who have to contend with the race track traffic annually. He felt it is a fine opportunity .to do something for the citizens and is deserving of careful consideration. Council then considered the item concerning a text amendment regulating game machines and game machi'ne arcades to the zoning regulations. It was MOVED by Councilman Hannah, seconded by Mayor Pro Tempore Lojeski that Planning Commission Resolution No. 1210 be APPROVED, that the Negative Declaration be APPROVED and filed; find that the project would not have a significant effect on the environment and that the City Attorney prepare the' appropriate ordinance for introduction. (NOTE: THIS MOTION WAS LATER WITHDRAWN. ) Councilman Dring said in part that he appreciates the effort that has gone into this proposed ordinance, but he still feels they are legislating something that.does not need it .... There are game centers in the City and the police have not reported truancy problems in such facilities ... in fact, when the truancy sweeps have taken place the police found few truants, if any, in the game centers. He'just could not support it. , Councilman Haltom said in part that when this first started it was for differentiating between what an arcade or game center really is in an effort to keep people from making the business their primary source of income. He felt it is discriminatory to those under 18 who are out of school I legally... that from observing many such centers, he has not seen any- thing negative ... the operators do a very good jOb of policing the establishment.... He cou'ld not support it either. . Mayor Pro Tempore Lojeski said in part that his concerns are based upon the effect on the individual playing the games as well as the impact of arcades .on surrounding properties. He noted the observations .of.the citizens, the School Board members and administrators... the PTA and parents. He looks forward to creating a wholesome environment and' to reducing the impact on surrounding properties. He suggested this matter be carried over until Mayor Pellegrino is present. Whereupon Councilman Hannah withdrew his mOtion as did Mayor Pro Tempore Lojeski his second. THIS ITEM WILL 8ECONTINUED TO JANUARY 18, 1983. .-'2- 1-4-83 . (j) I rJ l; I,' (~: f~/lr. 25:0645 BANNER On MOTION by Councilman Oring, seconded by Councilman Haltom and carried APPROVED on roll call vote as follows the request for permission to erect a tempo- Arcadia rary banner at 1002 S. Baldwin Avenue (Arcadia Donut Shopp) was APPROVED Donut Shopp The banner not to exceed 32 sq. ft. in size, and the permit be issued for a period of 30 days. I RESOLUTION NO. 5083 ADOPTED Lighting Districts v RECREATION VEHICLE DUMPING / .--(), ' "'J..-I=- ' WORKERS' COr~PENSATlON CLAIMS HANDYMAN PROGRAM (1: ~r-' ~cr1,.. I ORDINANCE NO. 17,60 ADOP'PED / AYES NOES : ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski None Mayor Pellegrino The City Attorney presented, explained the content and read the title of Resolution No. 5083 entitled: "JOINT RESOLUTION OF THE BOARD OF SUPER- VISORS OF THE COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM THE WITHDRAWAL OF CERTAIN TERRITORY FROM CALIFORNIA LIGHTING DISTRICT AND LONGDEN LIGHTING OISTRICT." AYES NOES : ABSENT: Councilmen Dring, Ha1tom, Hannah, Lojeski None Mayor Pellegrino Council received the report on recreation vehicle dumping facility on 325 W. Las Flores Avenue. Also, a communication from the owner of the property, Eugene W. Carroll, explaining that the dumping pipe will only be used for its intended use - that of disposing of the deodorized water out of the trailer holding tanks after they return from camping trips - about' four times each year. Council expressed concern that the odor would be offensive to the neighbors and questioned whether or not the vent is' too close to the neighbors. The City Attorney and staff will prepare an ordinance regulating location of dump stations and vents. Staff will also report on location of this vent and station... ascertain the dimension from the proprty line. It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows, that the City Manager, Finance Director, and Personnel Director be authorized to settle Workers' Compensation claims up to $10,000 cumulative for injuries occurring on or after January 1, 1983 and that anything above that amount be approved by City Counci 1. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski None 'Mayor Pellegrino At its meeting of November 2, 1982, Council requested additional informa- tion ... primarily for the inclusion of smoke detectors and security door locks. It will be necessary for the City to submit to the County and HUD an amended description which limits the project to a Home Security Program. Steps were outlined for the administration of such a program. The need for a consultant was stressed and it was MOVED by Councilman Haltom, seconded by Councilman Dring and carried on roll call vote as follows, that the firm of Willdan Associates be retained. at a fee of $7,000 ($875 per month.) It was felt that this firm would be able to efficiently.administer the program and make optimum use of the allocated funds. . . . AYES NOES ABSENT: Councilmen Drin9, Haltom, Hannah, Lojeski None Mayor Pellegrino The City Attorney presented, explained the content and read the title for the second time; of Ordinance No. 1760, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 2, PART 6 AND SECTION 9292.1.4 THEREOF PERTAINING TO SIDE YARDS, REAR YARDS, WINDOW OPENINGS, BALCONIES, DECKS, OPEN STAIRWAYS AND MODIFICATION PROCEDURES THEREFOR IN THE VARIOUS COMMERCIAL ZONES ." -3- 1-4-83 ORDINANCE NO. 1761 INTRiCED ORDINANCE NO. 1762 INTRiCED ROLL CALL RESOLUTION NO. 5082 ADOPTED J 25:0646 It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows, that further reading of the full text of Ordinance No. 1760 be waived and that same be ADOPTED. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski None Mayor Pellegrino The' City Attorney presented, explained the content and read the title of Ordinance No. 1761, entitled: "AN ORDINANCE OF THE CITY OF ARCAD1A AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING AND AMENDING VARIOUS SECTIONS OF AND ADDING SECTIONS TO DIVISIONS 0, 1, 2, 3 AND 5, OF PART 5, CHAPTER 2, ARTICLE IX THEREOF PERTAINING TO REGULATION OF ![.'EI,TIFICA- TION AND TEMPORARY SIGNS IN RESIDENTIAL ZONES." I It was MOVED by Counci lman Haltom, seconded by Councilman Hannat\ and carried on roll call vote as follows, that further reading of the full text of Ordinance No. 1761 be waived and that same be INTRODUCED. AYES NOES : ABSENT: . Councilmen Dring, None Mayor Pellegrino Haltom, Hannah, Lojeski The City Attorney presented, explained the content and read the title of Ordinance No. 1762, entitled: "AN ORDINANCE OF THE CITY OF ARCADIP AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING AND AMENDING VARIOUS SECTIONS OF AND ADDING SECTIONS TO CHAPTER 2, ARTICLE IX THEREOF PER- TAINING TO REGULATION, OF 'TEMPORARY ELECTION SIGNS." It was MOVED by Councilman Hannah, seconded by Councilman Dring and carried on roll call vote as follows that the further reading of the full text of Ordinance No. 1762 be waived. AYES NOES ABSENT: Councilmen Dring, Haltom, Hannah, Lojeski None Mayor Pellegrino Councilman Dring stated in part that the Supreme Court of the United' States has repeatedly frowned on any restrictions on political activities along these lines. He felt that this ordinance is not necessary, and the courts have repeatedly ruled. against them; that Council would be putting an ordinance on the books which would only provide people with the capabil ity of coming back against the City, suing the City for violati In of their Constitutional rights; that a person who loses an election mdY use this as an excuse to come back against the City, sue, and probably win if he or she wants to go far enough. He felt that this kind of aggravation is not needed. Councilman Haltom said in part that he shares the concern of Councilman Dring, but all have suffered the anguish of elections, and maybe this will help a little bit ... if it eases some of the problems of people removing signs, where they can put signs, etc., then, in his opinion, it I S worth 'it. I Mayor Pro.Tempore Lojeski said as an extension to that is the considera- tion of simply stating now that political signs' are allowed, or would be allowed in the residential neighborhoods. AYES NOES ABSENT: Councilmen Haltom, Hannah, Lojeski Councilman Dring, Mayor Pellegrino The City Attorney presented, explained the content and read the title of Resolution No. 5082, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA URGING LOS ANGELES COUNTY TRANSPORTATION COMMISSION TO APPROVE A PROJECT TO PROVIDE ADDITIONAL TRAFFIC LANES ON THE ROUTE 210 FOOTH ILL FREEWAY." '-4- 1-4-83 COUNCILMAN HALTOM I I COUNCILMAN DRING COUNCILMAN HANNAH I ADJOURNMENT TO SATURDAY, JANUARY 8 / 25 :0647 It. was ~VED by Councilman Dri ng, seconded by Counc i lman Hannah and carried on roll call vote as follows, that further reading of the full textof'Reso1utionNo. 5082 be waived and that same be ADOPTED. AYES : NOES A8SENT: Councilmen Dring, Haltom, Hannah, Lojeski None Councilman Pellegrino Commended staff on the excellent work on the Home Security Program .... That any delay was not the fault of staff ... they were waiting for clarification from Council. .Agreed and said in part it is very frustrating to wrestle with HUD but he would like to move as quickly as possible on the program. Was advised on why the City did not use identification stickers to assist local residents to turn into their particular residential streets during the racing season. The Police Chief asked Councilman Hannah to have those with this problem contact him. Staff member Jay Corey expressed appreciation for the opportunity of working with the City Council and other members of the City staff. Mr. Corey will leave the City employ on January 14 to accept a position as Deputy City Manager/Economic Redevelopment in the City of Simi Valley. Mayor Pro Tempore Lojeski commended Mr. Corey on his work with the City and wished him well in his new affiliation. Council adjourned to a CLOSED SESSION. Reconvened and discussed in part the request for annexation to the City of a portion of the southwest area. Some comments were made by Councilman Hannah who stated if the area could pay for itself he would not be opposed. Councilman Dring suggested staff communicate to Mr. Jenkins, spokesman for the group, that the City is not interested. Councilman Haltom said in part he could support it if the water problem could be resolved. It was the consensus that this matter be carried over. The meeting adjourned in.memory of Sarah Eva Mountjoy! mother of Assemblyman Richard MontJoy. Mrs. Mountjoy was born ln Sharon, Pennsylvania, moving to Monrovia in 1924. She leaves 8 children, 17 grandchildren, and 14 great-grandchildren. The meeting adjourned at 10 p.m. to Saturday, January 8 at 9 a.m. I ATTEST, ~;d~.Z~ City Clerk -5- 1-4-83